STIRLING COUNCIL
MINUTES of MEETING of the PLANNING & REGULATION PANEL held by Virtual Meeting
on MICROSOFT TEAMS, ON TUESDAY 8 DECEMBER 2020 at 10.00 am
Present
Councillor Alasdair MACPHERSON (in the Chair)
Councillor Neil BENNY
Councillor Alistair BERRILL
Councillor Douglas DODDS
Councillor Danny GIBSON
Councillor Graham HOUSTON
Councillor Graham LAMBIE
Councillor Jeremy McDONALD
Councillor Jim THOMSON
In Attendance
Kevin Argue, Transport Development Team Leader (Environment & Place)
Christina Cox, Planning & Buildings Standards Service Manager (Infrastructure)
Carlyn Fraser, Operations Team Leader (Network Management) (Environment & Place)
Ritchie Gillies, Planning Officer (Infrastructure)
Mark Henderson, Senior Media Officer (Communities & Performance)
Drew Leslie, Senior Manager – Infrastructure
Scott Mason, Fisheries Officer (Environment & Place)
Peter McKechnie, Senior Planning Officer (Acting) (Infrastructure)
Sean Moffat, Infrastructure Analyst (Communities & Performance)
Michael Mulgrew, Planning Development Management Team Leader (Acting) (Infrastructure)
Neil Pirie, Senior Development Control Officer (Environment & Place)
Bruce Reekie, Senior Manager – Environment & Place
Carla Roth, Solicitor – Litigation (Governance)
Karen Swan, Committee Officer (Governance)
David McDougall, Governance Officer (Governance) (Clerk)
Prior to the start of the meeting, Councillor MacPherson as Chair of the Planning & Regulation Panel welcomed and thanked everyone for attending the meeting via MS Teams. He updated the meeting on the procedures related to MS Teams and the protocols that both Members and Officers should adhere to throughout the meeting.
The Chair asked the Clerk to carry out a roll call of all Members and Officers participating in the meeting.
PL324 APOLOGIES AND SUBSTITUTIONS
There were no apologies or substitutions.
PL325 DECLARATIONS OF INTEREST
There were no declarations of interest.
Councillor McDonald and Councillor Dodds advised that at a recent Bridge of Allan Community Council meeting, they withdrew from the meeting when discussion on the planning application for the Royal Hotel, 55 Henderson Street, Bridge of Allan (20/006363/FUL) was deliberated.
PL326 URGENT BUSINESS BROUGHT FORWARD BY THE CHAIR
There were no items of urgent business brought forward.
The Minutes of the Planning and Regulation Panel on 6 October 2020 were submitted
for approval.
Decision
The Planning & Regulation Panel approved the Minutes of the Meetings on 6 October 2020 as an accurate record of proceedings.
PL328 STIRLING COUNCIL – FISHERIES ANNUAL REVIEW OF CHARGES AND POLICY
2020/21
A report by the Senior Manager – Environment & Place advised that Stirling Council owns and manages the salmon fishing rights on the rivers Forth and Teith and these were managed through the Fisheries service within Roads and Land. Stirling Council had been leading on migratory fish conservation within rod and line fisheries since 1999. The aim was to offer affordable and accessible salmon fishing opportunities while promoting the conservation of salmon and sea trout. The report proposed a continued price freeze on permit prices for the 2021 season, a discount offered to season permits due to the 2020 closure of Stirling Council fisheries due to COVID-19 and reviewed rules and regulations to ensure Stirling Council Fisheries implement changes so that conservation targets were met that were set out by Marine Scotland.
Maintaining the 2020 model for the upcoming 2021 season would allow Stirling Council Fisheries to continue to be on a competitive level with other salmon fisheries of the same nature throughout Scotland.
Following Members discussion on the fisheries assessment valuation, the proposed price freeze and in light of the recent pandemic, Members requested that the Senior Manager – Environment & Place write to the Central Assessors to appeal the fisheries assessment valuation.
The Committee also noted the financial impact of Covid-19 on finances and requested that future fisheries report to include the funding projection levels and potential subsidy use, if required, from General Revenue Funds.
Decision
The Planning & Regulation Panel agreed:
-
to a continued price freeze on all permits, carrying forward the 2020 permit prices to the 2021 season (Appendix 1 to the submitted report);
-
that due to the closure of Stirling Council Fisheries for 10 weeks because of the COVID-19 pandemic a proportionate discount of 23 percent be offered to season permits purchased before the 24th March 2021;
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to continue with the 2020 season permit rules for the 2021 season (Appendix 2 to the submitted report);
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to continue with the 2020 day permit rules for the 2021 season (Appendix 3 to the submitted report); and
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to continue with the 2020 three monthly permit rules for the 2021 season (Appendix 4 to the submitted report)
(Reference: Report by Senior Manager – Environment & Place, dated 26 November
2020, submitted).
PL329 THE STIRLING COUNCIL (30 MPH SPEED LIMIT) (CONSOLIDATION AND NO 25) ORDER 2020 – STIRLING (A91, BLAIRLOGIE)
The Senior Manager – Environment & Place submitted a report to Committee that advised that Stirling Council (30 mph Speed Limit) (Consolidation and Amendment No 25) Order 2020 (the “Order”) proposed a reduction in the speed limit on a section of the A91 in Blairlogie, from 40mph to 30mph. A copy of the Order along with associated map identifying the affected area was attached as Appendix 1 to the submitted report.
On 9 April 2019 the Council received a petition from the residents of Blairlogie that requested a 30mph speed limit be implemented on the A91 in Blairlogie. Officers were asked by the Environment & Housing Committee to investigate what measure would be required to implement a 30mph speed limit safely and then to consult with the local community on the options identified.
On 6 February 2020, the Environment & Housing Committee agreed that the 30mph speed limit and associated traffic management features should be introduced.
To meet the concerns of the associated traffic calming measures officers would
implement the traffic management proposal in two phases. Phase 1 would involve the implementation of the 30mph speed limit, installing village entry signing, lighting and footway improvement and bus stop improvements.
Phase 2 would involve the installation of traffic islands and would allow officers to monitor how effective Phase 1 had been in bringing down traffic speed in the area before deciding whether Phase 2 was required.
Decision
The Planning & Regulation Panel agreed:
-
to note the objection received during the consultation period; and
-
to approve the Order.
(Reference: Report by Senior Manager – Environment & Place, dated 20 November 2020, submitted).
PL330 PROPOSED OFFICE DEVELOPMENT INCLUDING NEW ACCESS, CAR LANDSCAPING AND ASSOCIATED INFRASTRUCTURE AT LAND
AND BUILDINGS AT CRAIGFORTH, STIRLING - AMBASSADOR LB HOLDINGS
LLP - 20/00427/FUL
The Senior Manager – Infrastructure submitted a report that sought full planning permission for the erection of an office development (Use Class 4) with associated landscaping, parking and site infrastructure on land and buildings at Craigforth, Stirling.
The new office development supports Stirling’s strategic policies for office provision and included a new slip road access off the A84(T).
The application had been referred to the Planning & Regulation Panel by the Council’s Planning and Building Standards Manager in accordance with the Council’s scheme of delegation procedures since the application proposed a ‘Major’ development as defined in The Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009.
The report formed the Report of Handling for the planning application in compliance with the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013.
The Senior Planning Officer (Acting) updated Members with the presentation of the site and various elevations for information.
In response to Members questions, the Senior Planning Officer (Acting) confirmed that the building would be a phased handover and the use of shuttle buses would help alleviate the number of parked cars.
It was also noted that the use of bikes and active travel, along with inclusion of possible conditions of shower and changing facilities would be reviewed.
The Senior Planning Officer (Acting) confirmed that materials used within the build had to be either physically submitted to Planning or through an arranged site visit to ensure that a high standard of materials were being used.
Decision
The Planning & Regulation Panel agreed to approve the application subject to the conditions set out within Appendix 1 to the submitted report.
(Reference: Report by Senior Manager - Infrastructure, dated 26 November 2020, submitted)
Prior to the next item, the Chair asked the Planning & Building Standards Service Manager to address the Panel. She explained that when Planning Documentation for Killearn (20/00408/MSC) was further reviewed, it became apparent that a request for a Hearing within the correct timescales, had been received from a constituent.
The Chair adjourned the meeting at 11.23am to allow officers to contact
the relevant participants for the following item.
The Meeting reconvened at 11.30 am, noting All Elected Members, previously noted, present.
PL331 APPLICATION FOR APPROVAL OF MATTERS SPECIFIED IN CONDITIONS NOS1AND DISCHARGE OF CONDITIONS 2-9 AND 12 OF PLANNING PERMISSION
17/00978/PPP FOR ERECTION OF 11NO. AFFORDABLE DWELLING HOUSES AT ADJACENT TO NOS 1 AND 2, LAMPSON ROAD, KILLEARN - RURALHOUSING ASSOCIATION - 20/00408/MSC - HEARING
The Planning & Building Standards Manager updated the Panel on the application and noted that a request from the applicant had been received to defer the application to a future panel.
Decision
The Planning & Regulation Panel agreed to defer decision on the application to a future meeting.
The Chair adjourned the meeting at 11.34am to allow officers to contact the relevant participants for the following item.
The Meeting reconvened at 11.40 am, noting All Elected Members, previously noted, present.
Councillor MacPherson as Chair of the Planning & Regulation Panel updated the
meeting on the procedures related to MS Teams Hearing process and the protocols that all should adhere to throughout the next item.
PL332 CONVERSION OF EXISTING BUILDING TO 12 RESIDENTIAL APARTMENTS AND OF 14 TOWNHOUSES WITHIN THE GROUNDS WITH ASSOCIATED
PARKING AND AMENITY AT ROYAL HOTEL, 55 HENDERSON STREET, BRIDGE
OF ALLAN, FK9 4HG – 20/00363/FUL – HEARING
The Senior Manager – Infrastructure submitted a report that a proposal was being considered by Planning & Regulation Panel as the development had received more than five objections and required determination by Planning & Regulation Panel in accordance with the Council’s Scheme of Delegation for determining planning applications.
The report formed the Report of Handling for the planning application in compliance with the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013.
A Hearing request by Councillor Tollemache had been made within timescales
according to procedure in order to have the opportunity to address the Panel.
The Planning Officer introduced the report and updated Members with the presentation of maps of the proposed site. He also advised an addendum to the report that updated Paragraph2.51 and replaced “no contribution required” with “£22,000 – Based on £1,000 per 2+ bedroom unit, as outlined in Supplementary Guidance: Developer Contribution”.
Applicant
Mr McLeod, Royal Hotel Bridge of Allan, presented his case in support of the
application.
As a long standing hotelier within the local area that employed several hundred staff, it was devastating that it had come to the situation that the building could not compete with other local hotels and Air B&B. He had spent a lot of time and investment within the building but recognised that the building needed a future.
He thanked the Panel for the opportunity to present his case.
The Chair thanked Mr MacLeod for his presentation.
Objector
Mr McCusker on behalf of Bridge of Allan Community Council, presented their case in objection to the application and noted that although there had been 27 objections on the Planning Portal, Bridge of Allan Community Council had received a number of others through Facebook and email.
In objection to the application, he expressed that the change of use of the Royal Hotel was not justified and contravened the Local Development Plan, particularly Policy 2.6 Supporting Town Centre and Primary Policy 15 Tourism and Recreation Development.
Majority of objectors felt that that the application was an over development of the site in particular the two town houses that sit on either side of the existing hotel building. The dominant site of the townhouses would impact on the conservation area and the vista down Fountain Road.
Furthermore the concern on the impact of the roads and residential traffic on
Henderson Street, which as the A9 and main material route through Scotland, would increase traffic congestion during rush hour and peak times. Although there had been a traffic survey/report, it had been completed in the time of the current pandemic which had reduced traffic flow.
Should the application be accepted, a request that a condition be included that the main hotel building be developed first as it would help protect the listed building site at the centre of the conservation area of Bridge of Allan.
Mr McCusker thanked the Panel for the opportunity to present the Community
Council’s case.
The Chair thanked Mr McCusker for his presentation.
Local Member
Councillor Tollemache, Local Member for Dunblane and Bridge of Allan presented his case in objection to the application.
He expressed the importance of the Royal Hotel to Bridge of Allan and noted it was a sad day that it could no longer function as a hotel although he felt the best outcome was that it continued as such so that it benefited Bridge of Allan as a visitor’s destination.
The principles of a hotel building must retain its prominent position in Bridge of Allan and not to be swamped by any new development. The number of town houses should be reduced to maintain its prominence and if planning permission was granted a condition needed to be included that work was completed on the hotel building before any work was permitted on the new buildings. Also there needed to be sufficient parking at the rear of the building and proper access for refuse collection.
The Chair thanked Councillor Tollemache for his presentation.
Councillor Tollemache left the meeting.
In response to Members questions, the Planning Development Management Team Leader (Acting) confirmed the reason why Planning were only requesting money contributions rather than housing development was due to size of development (1/3 of 23) and a possible problematic situation that could arise with housing associations sharing investments.
In respect to bin/waste collection and storage, the Planning & Buildings Standards Service Manager confirmed that waste services had been consulted, although noted from the discussion within the meeting that there could be could be other ways to reduce the impact of bins lined up on the footpaths. She noted that an Advisory note would be included on waste collection and removal from the public pathways.
Motion
The Planning & Regulation Panel agree to: -
1. be minded to approve the application, with the conditions listed in Appendix 1 and a Section 75 Legal agreement to secure contributions in lieu of affordable housing and waste contributions.
Proposed by Councillor Douglas Dodds, seconded by Councillor Graham Lambie.
Councillor McDonald, having moved an amendment but failing to find a seconder, requested that his dissent be recorded.
The Panel also agreed to include within the Motion the Community Council and Local Members’ request that should the application be accepted that a phased plan to ensure that the listed building works were commenced before the development of the townhouses.
Decision
The Planning & Regulation Panel agreed to be minded to approve the application, with the conditions listed in Appendix 1 to the submitted report and a Section 75 Legal Agreement to secure contributions in lieu of affordable housing, waste contributions and open space. A further condition was to be added to require submission and approval of a phasing plan to ensure that the listed building works were commenced before the development of the townhouses.
(Reference: Report by Senior Manager - Infrastructure, dated 27 November 2020, submitted)
The Chair declared the Meeting closed at 12.40pm.